BOTSWANA: Gays Sue Govt; Former President Supports Gay Rights

[Botswana Network on Ethics, Law and HIV/ AIDS (BONELA)] Director Uyapo Ndadi confirmed they would challenge Section 164 of the Penal Code that criminalizes same sex relationships. It is understood that gays want the provision to be declared unconstitutional. "Yes I can confirm that plans are underway and drafting is almost complete. We are ready to file the papers before Court," said Ndadi.

In 2005 gays attempted to register their association, the Lesbians, Gays and Bisexuals of Botswana (LEGABIBO), with the Registrar of Societies, but their application was turned down in 2007 on the grounds that the republican Constitution does not recognize homosexuals.

Botswana is among 30+ African nations with anti-gay laws, though prosecutions are rare.

Former Botswanan President Festus Mogae will argue for gay rights in taped BBC debate. "The question 'Is homosexuality Un-African?' which will be recorded in Johannesburg. Panelists will include Archbishop Desmond Tutu ... Recently, Mogae has been progressive in promoting the rights of gays, something which he mumbled about while in office (1998-2008). He recently called for condoms in prisons contrary to the Government’s position on the matter."